Wednesday, June 13th, 2018

CA3 on habeas, bond, detention: Leslie v. Atty. Gen.

"Petitioner Neville Leslie, a Jamaican alien, has been incarcerated since March 28, 2008 without a bond hearing. He now seeks a bond hearing as provided by 8 U.S.C. § 1226, contending that his continued detention by United States Immigration and Customs Enforcement (“ICE”) for four years is unconstitutional.  Leslie’s appeal from the District Court’s denial of his petition for a writ of habeas corpus reveals a mixture of agency and court rulings (detailed below), all of which seek his removal to Jamaica and involve the pre-removal statute (8 U.S.C. § 1226) and the post-removal statute (8 U.S.C. § 1231).  We now remand to the District Court and reverse the denial of Leslie’s petition for a writ of habeas corpus. We also order that Leslie be afforded a bond hearing no later than ten days from the date this opinion and order are filed." –